Social media giveaway: the rules in Belgium

VLAIO distinguishes between a lottery based purely on chance and a contest that assesses skills. A trivial knowledge question does not by itself turn a draw into a valid contest. A tiebreaker question is not an automatic legal solution either. Do not ask for a financial stake and, where in doubt, have the specific set-up checked, especially for purchase conditions or a large prize package.

A practical starting point is a creative task with pre-published assessment criteria and a jury. Make sure the actual assessment matches what you announce. Do not promise jury selection if you afterwards still draw a name at random.

Fictitious example, not a ready-made set of rules: a local shop asks participants to write a short, original usage tip for a product. A jury assesses originality, usefulness and fit with the task. The organiser determines in advance what each criterion means and how equal assessments are resolved without adding chance.

Do not make the task unnecessarily heavy and do not ask for sensitive personal data. Publish the assessment procedure before anyone participates; do not change it afterwards to pick a desired winner.

According to the VLAIO platform check, on Facebook you may not make participation dependent on a post on a personal timeline. Do not ask for incorrect photo tags either. A statement that the platform is not responsible for the promotion belongs in the preparation.

Also read the current Meta rules for pages, groups and events and the Instagram promotion guidelines for the channel you use. Work with a clear entry at the chosen location. Do not let participants pester friends or use their personal profile as a mandatory advertising spot. A permitted platform feature does not make a promotion legally permitted.

Use this own publication check to find missing information:

• Who organises the promotion and where can a participant go with questions?
• Who may participate, via which channel and within which start and end time?
• What is a valid entry and how are entries assessed?
• Which prize is awarded, with which restrictions and delivery method?
• When and how is the winner contacted, and what happens if there is no response?
• Which personal data is needed, what is it used for and how long is it retained?

Link the rules and the privacy information from the announcement. Open both links on a phone without a logged-in administrator account. If participants only see the rules after registering, that explanation comes too late.

Collect only what is necessary for the promotion. For example, ask for the delivery address only from the winner when shipping is needed. Explain the purpose, legal basis, retention period and rights. The GBA explains which conditions attach to legal bases for marketing.

For e-mail advertising, the Belgian rules on electronic advertising also apply, with prior consent as the starting point and specific exceptions. For new contest contacts, offer a separate, not pre-ticked newsletter choice that is not a condition of participation. Keep proof of consent and offer easy unsubscribing. Participation is not general consent for all later marketing.

Have someone who did not prepare the promotion walk through the entire route. Can they understand the task, deadline, selection and privacy choices without verbal explanation? Then check who follows up on jury questions, complaints and prize delivery.

Measure valid entries, separately given newsletter sign-ups and confirmed enquiries individually. Likes and new followers are not proven customers. Record the costs of the prize, preparation and follow-up before calling the promotion profitable. Use your website and follow-up route to give interested people a clear next step after the contest.